This relates to a Federal Court Decision in Canada Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, issued on Aug. 8, 2024, Citation 2024 FC 1198, which is a recent decision involving interpretation of numerical data in claims (including single numbers and number ranges).
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We discuss here only one of the patents encompassed in the decision and the issue of interpretation of numeric data in claims which was part of the decision: CA 2,726,267 [267 Patent] Espacenet - Originaldokument
The 267 Patent describes the invention of the patent as relating to a suspension formulation containing the active substance Nintedanib esylate, a capsule containing the formulation, a process for preparing the formulation and capsule, and packaging material for the capsule (267 Patent, Ex2, 1:4-9). More particularly, the invention is described as relating to formulations of Nintedanib esylate (Nintendanib hereinafter) containing lipid suspensions of the active substance in 1 to 90 wt.% medium chain triglycerides [MCT], 1 to 30 wt.% of hard fat, and 0.1 to 10 wt.% of lecithin (267 Patent, Ex2, 1:11-15). The...
